TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Jun 30, 2016

$3.75 Million JPMorgan Chase Settlement Highlights Reassigned Number Risks

By now, you’re probably aware of rulings issued by the Federal Communications Commission (FCC), Seventh Circuit and Eleventh Circuit, holding that businesses are liable for autodialed calls and texts sent to wrong or reassigned numbers.  We previously discussed how these rulings, combined with the lack of an authoritative database of reassigned numbers, make it impossible for businesses to comply with [...]

Read More »
May 19, 2016

Senate Commerce Committee Holds Hearing on 25 Years of TCPA

Yesterday, the Senate Committee on Commerce, Science and Transportation held a hearing entitled “The Telephone Consumer Protection Act at 25: Effects on Consumers and Business,” in order to discuss challenges faced by both businesses and consumers. Chairman Thune (R-SD) opened the hearing by focusing on the imbalance created by the current state of the law.  The Chairman opined that the [...]

Read More »
May 12, 2016

FCC Releases Notice of Proposed Rulemaking for the TCPA

On May 6, 2016, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) to implement amendments to the Telephone Consumer Protection Act (TCPA) adopted by Congress in the Bipartisan Budget Act of 2015 (Budget Act).  The Budget Act: (a) exempts calls “made solely to collect a debt owed to or guaranteed by the United States” from certain [...]

Read More »
May 11, 2016

Facebook Moves to Dismiss TCPA Suit over Birthday Texts

On February 12, 2016, a class action, Brickman v. Facebook, Inc., was filed alleging Telephone Consumer Protection Act (TCPA) violations against Facebook, Inc. for sending text messages alerting class members of their online friends’ birthdays and inviting the members to send a “Happy Birthday!” wish to those friends.  Now Facebook is moving to dismiss the suit, claiming that the class [...]

Read More »
Apr 24, 2016

Teleservice Compliance – Get Ahead of the Curve with MPS Partner Michele Shuster

Questions about the FCC’s TCPA amendments? Wondering how to stay ahead of increasing regulatory demands? Join MPS Partner and PACE General Counsel Michele Shuster as she provides updates and insight on today’s most important issues facing teleservice compliance professionals. This PACE West Chapter Compliance Event will be held Thursday, May 12 at Arizona State University. Michele will be [...]

Read More »
Apr 22, 2016

FCC Seeks Comments: Residential Telephone Numbers Used for Business Purposes

The Federal Communications Commission (FCC) is seeking comments in response to a petition for declaratory ruling filed March 7, 2016.  The Petition asks the FCC to create a new “bright-line” rule that telephone numbers used for business purposes but registered with a telecommunications carrier as “residential” are treated as “residential” for purposes of the Telephone Consumer Protection Act of 1991 [...]

Read More »
Apr 20, 2016

Court Holds that Click-to-Dial System is not an ATDS

The Southern District of Florida recently held, in Strauss v. CBE Group, Inc., that a debt collector did not violate the TCPA by calling cell phones using a click-to-dial system that requires human intervention to initiate each call. The evidence presented to the Court demonstrated that The CBE Group, Inc. (CBE) called the plaintiff’s cell phone number twice using a [...]

Read More »
Apr 15, 2016

Individuals may be Personally Liable for TCPA Violations

Much has been written about the significant risks involved with TCPA litigation, particularly in the context of class action lawsuits.  A recent opinion issued by the Southern District of New York, in Bais Yaakov of Spring Valley v. Graduation Source, LLC, highlights that TCPA risks apply not only to businesses, but to corporate officers and agents as well. The Court [...]

Read More »
Apr 14, 2016

Over-Dialing a Single Plaintiff Leads to Significant Liability for Defendants

Earlier this month, the U.S. District Court for the Middle District of Florida granted summary judgment, in McCaskill v. Navient Solutions, Inc., to a single plaintiff who had received 727 debt collection calls on her cell phone for a debt that wasn’t hers. The defendants used an automatic telephone dialing system (ATDS) to attempt to collect on a student loan [...]

Read More »
Apr 12, 2016

Federal Court Holds TCPA Exemption Applies Retroactively

On March 31st, the U.S. District Court for the Northern District of California held that the recently adopted Telephone Consumer Protection Act (TCPA) exemption for calls made to collect debts owed to or guaranteed by the federal government applies retroactively. In the case, the plaintiff alleged that the defendant repeatedly called the plaintiff’s cell phone attempting to collect a debt [...]

Read More »